Modeling contract signed different than papers received at orientation verbiage

[catfiero]

What is the name of your state (only U.S. law)? OR
My son signed with a modeling agency- he did so very hastily over the internet because they supposedly had an immediate job. Well it turned out he did not fit the size requirements so that job was not offered. He has been with them for about 4 months and there are reasons to not stay he has worked 3 times. He found another agency that is a better fit for him and he wanted to leave the original agency. The issue
When he went to the orientation at the agency he signed with the agency gave him 19 pages it has their name and then it says Talent Tips & Tools for business
Section 2 : Your Relationship with XXX -Representation Agreement FAQ then it has a paragraph and the last sentence is

The following FAQs are intended to help explain some of the key aspects of XXX standard representation agreement
Term/Duration & Termination
Q The agreement states that the initial term of the agreement is for 2 years? What happens if I am unhappy with the relationship and want to leave early?
A Unlike many agencies, our standard agreement allows you to terminate our representation agreement at any time. We only ask for a reasonable advance notice period to allow us time to wind down promotional efforts on our behalf and ensure an orderly transition. However open communication is and close working relationships are important values to us. So we ask you to always communicate any concerns or unhappiness you have, so we have an opportunity to address any issues positively. If those issues cannot be resolved to your satisfaction, our philosophy is that it is in everyone's best interest to move on.

However when he asked to terminate the relationship they wrote him back and said he could not if he wanted to go to another agency. He sent them a copy of this and they said somehow you got a copy of an old form(they gave this to him in a group orientation so everyone got one)and that the contract is different which it is,

in the contract it says TERM OF AGREEMENT
TALENT�S/ COMPANY'S RIGHT TO TERMINATE:The term of this agreement shall be for a period of two (2) years commencing as of the Effective Date hereof, and it will be automatically renewed for additional, consecutive two (2) year periods unless you give written notice to XXX of your intention to terminate at least sixty (60) days prior to the end of the term hereof. XXX retains the right to terminate this agreement at any time and for any reason, effective immediately upon providing you with written notice to that effect. Notwithstanding the termination of this agreement, both parties shall remain obliged to the terms provided under sections 4 and 10, for any talent service agreements you enter into during the term of this agreement even if the compensation is received by you after the termination of this agreement. If you enter into any agreement which would have been otherwise covered by this agreement within six (6) months after the termination hereof, with any person or business entity as to whom a submission has been made and/or negotiations commenced on your behalf during the term of this agreement then in said event any such agreement entered into shall be deemed to have been entered into during the term hereof.

Does the agency not have to stand by what they say in writing in there orientation handouts or does the contract without question over ride this? Is this not a bit misleading?
It may end up being a mute point as now the other agency says they do not want a fight with the first agency..but it is quite frustrating.
The other issue is that if he is forced to stay they will most likely not promote him and he will still not work more than once a month if that and they are limiting his possibility of making a better living with another company who is a better fit, may this be enough to dissolve?
Any interpretation or advice would be appreciated.

 

[quincy]

What is the name of your state (only U.S. law)? OR
My son signed with a modeling agency- he did so very hastily over the internet because they supposedly had an immediate job. Well it turned out he did not fit the size requirements so that job was not offered. He has been with them for about 4 months and there are reasons to not stay he has worked 3 times. He found another agency that is a better fit for him and he wanted to leave the original agency. The issue
When he went to the orientation at the agency he signed with the agency gave him 19 pages it has their name and then it says Talent Tips & Tools for business
Section 2 : Your Relationship with XXX -Representation Agreement FAQ then it has a paragraph and the last sentence is

The following FAQs are intended to help explain some of the key aspects of XXX standard representation agreement
Term/Duration & Termination
Q The agreement states that the initial term of the agreement is for 2 years? What happens if I am unhappy with the relationship and want to leave early?
A Unlike many agencies, our standard agreement allows you to terminate our representation agreement at any time. We only ask for a reasonable advance notice period to allow us time to wind down promotional efforts on our behalf and ensure an orderly transition. However open communication is and close working relationships are important values to us. So we ask you to always communicate any concerns or unhappiness you have, so we have an opportunity to address any issues positively. If those issues cannot be resolved to your satisfaction, our philosophy is that it is in everyone's best interest to move on.

However when he asked to terminate the relationship they wrote him back and said he could not if he wanted to go to another agency. He sent them a copy of this and they said somehow you got a copy of an old form(they gave this to him in a group orientation so everyone got one)and that the contract is different which it is,

in the contract it says TERM OF AGREEMENT
TALENT�S/ COMPANY'S RIGHT TO TERMINATE:The term of this agreement shall be for a period of two (2) years commencing as of the Effective Date hereof, and it will be automatically renewed for additional, consecutive two (2) year periods unless you give written notice to XXX of your intention to terminate at least sixty (60) days prior to the end of the term hereof. XXX retains the right to terminate this agreement at any time and for any reason, effective immediately upon providing you with written notice to that effect. Notwithstanding the termination of this agreement, both parties shall remain obliged to the terms provided under sections 4 and 10, for any talent service agreements you enter into during the term of this agreement even if the compensation is received by you after the termination of this agreement. If you enter into any agreement which would have been otherwise covered by this agreement within six (6) months after the termination hereof, with any person or business entity as to whom a submission has been made and/or negotiations commenced on your behalf during the term of this agreement then in said event any such agreement entered into shall be deemed to have been entered into during the term hereof.

Does the agency not have to stand by what they say in writing in there orientation handouts or does the contract without question over ride this? Is this not a bit misleading?
It may end up being a mute point as now the other agency says they do not want a fight with the first agency..but it is quite frustrating.
The other issue is that if he is forced to stay they will most likely not promote him and he will still not work more than once a month if that and they are limiting his possibility of making a better living with another company who is a better fit, may this be enough to dissolve?
Any interpretation or advice would be appreciated.

How old was your son when he signed the modeling contract?

 

[catfiero]

How old was your son when he signed the modeling contract?

He was 22. I am just frustrated about the fact that the papers he was given say one thing and he was told that it was old and it is not valid.
Thanks for reading!

 

[quincy]

He was 22. I am just frustrated about the fact that the papers he was given say one thing and he was told that it was old and it is not valid.
Thanks for reading!

Ahh. I was hoping he was a minor. That could possibly get him out of the contract.

Unfortunately, the modeling contract terms are pretty standard. The modeling company does not want one of their clients to try to get a better price for a model by encouraging one of the company's models to break the contract with the company. The client could then hire the model directly for a lower price to them. That is the reason for the early-termination-restrictions clause in the contract.

It is the contract that will control (under most circumstances). Brochures and presentations and most oral promises will not take the place of what is written down in the signed agreement (again, generally). That is why it is vital to read a contract thoroughly and understand all terms of the contract before signing it.

Your son can have the contract, and the documents he received prior to signing the contract, reviewed by an attorney in his area for a better opinion but, based on what you have written here, it sounds as if your son is stuck with the agency he signed with for the full term of the contract or suffer the penalties of ending the contract early.

 

[catfiero]

Thank you so much!
I can not even find any penalties or anything for early termination. He is willing to pay the first agency and the second even up to the 2 years but it does not even give any option.
So based on the contract he can not terminate it no matter what. Again in the other papers he was given it does state they get compensation which is fine. It also states that he can have other agencies outside of our city represent him with out conflict but in the actual contract he signed it says nothing like this.
This agency has not done the things they say they will, even just little ones like giving him advice to enhance his marketability. The have not sent him any of their newsletters to keep him aware of whats going on although that is suppose to be happening, they ask him to do test shoots with no compensation except pictures and videos for his portfolio and then never get him the pictures or never get them into the portfolio either, have not helped him post new photos even though it say the talent should do so but the agency controls the site to post them. I also wonder if there is nothing on a certain item in the contract then does the 19 pages hold up such as what they expect of their models? It is insane that the 19 pages of tips is valid when they want a model to do something but not valid when the model wants to rely on the information/tips given.
Again I thank you for your thoughts!

 

[quincy]

Thank you so much!
I can not even find any penalties or anything for early termination. He is willing to pay the first agency and the second even up to the 2 years but it does not even give any option.
So based on the contract he can not terminate it no matter what. Again in the other papers he was given it does state they get compensation which is fine. It also states that he can have other agencies outside of our city represent him with out conflict but in the actual contract he signed it says nothing like this.
This agency has not done the things they say they will, even just little ones like giving him advice to enhance his marketability. The have not sent him any of their newsletters to keep him aware of whats going on although that is suppose to be happening, they ask him to do test shoots with no compensation except pictures and videos for his portfolio and then never get him the pictures or never get them into the portfolio either, have not helped him post new photos even though it say the talent should do so but the agency controls the site to post them. I also wonder if there is nothing on a certain item in the contract then does the 19 pages hold up such as what they expect of their models? It is insane that the 19 pages of tips is valid when they want a model to do something but not valid when the model wants to rely on the information/tips given.
Again I thank you for your thoughts!

I agree that the promotional information (the tips) may be trying to entice models to sign with the agency. Most promotional information does that, though. That is, again, why reading and understanding the actual contract prior to signing is so important.

That said, I think you might be misunderstanding the problematic clause a bit. Your son can model for a client and he can sign with another agency. And he can terminate his current contract early. HOWEVER, with each of these, your son will need to compensate his current agency. If he terminates his contract early, he will need to compensate his current agency for a period of time after cancellation and/or if he signs with another agency. He has signed a contract for 2 years and needs to wait until his current contract expires to model without penalty (or compensation to the first agency).

This is very similar to real estate contracts. A seller cannot sign with a real estate agent who finds him a buyer and drop the real estate agent to sell to the buyer directly, with the purpose of saving on paying a commission to the agent. The commission is still due the agent for a period of time after the contract with the agent is terminated.

The modeling agency (like the real estate agency) deserves to be compensated for the time and money spent on promoting the model (or the house) and connecting the model with the client (or the buyer with the house).

I am not at all sure I am explaining this well.

Your son can have the 19 pages looked over by an attorney in his area, and compared to the terms of the contract your son signed, to see if there is anything there that can be seen as a misrepresentation. That is the only area I see offhand, without having read any of the documents, where your son might have cause to break the contract with the one agency to go with another agency and not have to pay the first agency.

 

[catfiero]

I really appreciate you telling me this. So you think that potentially he can terminate his agreement as long as he compensates them for 2 years? that would be wonderful. I am not skilled at contracts so I did not see or understand that was an option. That would still be ok with him as he would still retain 60% of his earnings even compensating 2 agencies.

Thanks again!

 

[quincy]

I really appreciate you telling me this. So you think that potentially he can terminate his agreement as long as he compensates them for 2 years? that would be wonderful. I am not skilled at contracts so I did not see or understand that was an option. That would still be ok with him as he would still retain 60% of his earnings even compensating 2 agencies.

Thanks again!

Well, I can't say anything for sure. I have only read the small portion of the contract you quoted and contracts need to be read in their entirety, and all facts need to be considered.

For example, in the small portion you quoted it says "both parties shall remain obliged to the terms provided under sections 4 and 10." I have no idea what are in sections 4 and 10. For all I know, those sections say your son is obligated to the agency for life (although this is doubtful ).

But, from my reading of what you have posted, it appears he can terminate his 2 year contract with the agency early - but he will still have obligations to the first agency if he does so.

Again, have your son take the contract and the promotional material (there can be some presentations or promotional material that is misleading or false and can allow for the breaking of a contract) to an attorney in his area. Perhaps he can find free or low cost help through a law school or legal aid clinic. If he gets an attorney's personal review, this will be the best way for him to find out what exactly he has committed himself to by signing the contract, and it is also the best way to determine if there is any way for him to break the contract early without a continued obligation to the first agency.

Good luck to your son, not only with this modeling contract but with his modeling career.

 

[quincy]

I received your private message, catfiero. Thank you.

If you have any additional questions, I will be happy to answer them (as best I can) in this thread.

Good luck.

 

[catfiero]

We are taking your advice to get legal review today.

Thanks Again!

 

[quincy]

We are taking your advice to get legal review today.

Thanks Again!

That is good to hear. If you have the opportunity to post back with what the personal review of the contract shows, I would be interested in learning from it.

And thank you once again for the thanks, catfiero. Your son is lucky to have you working with him on this.